The Public Procurement Act 28 of 2024

Declared invalid by the Constitutional Court. Status as at 30 September 2026, and what it means for the forms in a bid.

Where it stands

On 17 September 2026 the Constitutional Court declared the Public Procurement Act 28 of 2024 invalid.
The Act had not come into operation, so the declaration was not suspended. It never took effect, and nothing in it applies to a bid.
The Draft General Public Procurement Regulations, 2026 were made under that Act. With the Act gone, they have no parent Act.

Which rules a bid is prepared under

Public procurement still runs under the Public Finance Management Act, the Municipal Finance Management Act, the Preferential Procurement Policy Framework Act 5 of 2000 and the Preferential Procurement Regulations, 2022. SBD 6.1, the preference points claim, rests on those regulations and is unchanged. The organ of state still sets the specific goals and their points per tender, and the tender document still tells you which point system applies: 80/20 up to R50 million including taxes, 90/10 above it.

What could change

Parliament may pass a new procurement law. If it does, that law will differ from this one, and its forms and thresholds will be whatever it and its regulations say. TenderFill does not guess at them and does not prepare for them in advance.

How TenderFill handles the forms

Each pack is prepared under the rules that applied on the tender’s own dates, not the date you prepare it.
Each pack records which rules it was prepared under and the version of every form it used. The Field Answer Sheet says so at the end. Today that is the Preferential Procurement Regulations, 2022.
National Treasury revises SBD forms from time to time without new legislation. A pack you have already paid for is regenerated on the same form versions it was made with.

What you should still do

The tender document is the authority on which forms and which rules apply to a bid. Read it, and use the department’s own forms where it supplies them. Every pack requires your review before submission: you must still check signatures, pricing and tender-specific instructions.

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What TenderFill does not do

It checks your company’s readiness, not your bid. It reads the tender pack you upload and checks your company’s records and documents against it. It does not read or judge the bid you submit, and it may miss a requirement: the tender document is the authority.
It does not guarantee compliance. Every pack requires your review before submission. You must still check signatures, pricing and tender-specific instructions.
Your department’s own forms take precedence. Many bid packs ship their own layout of the SBD forms, and SBD 1 asks for bids on the official forms provided, not retyped. If your bid pack includes its own version of a form, fill in theirs; the Field Answer Sheet tells you what to write where.
It fills the standard municipal forms, not a municipality’s own. For a municipal tender the pack is MBD 1, 4, 6.1, 7.2, 8 and 9 as National Treasury publishes them. Many municipalities issue their own versions, especially of MBD 4; fill in theirs from the Field Answer Sheet. It does not fill MBD 7.1 or 7.3, the goods and works contract forms, or any MBD 3 pricing schedule.
It does not prepare a joint venture’s bid as one. Each party to a joint venture or consortium needs its own pack, and the tender will usually want the signed JV agreement too.

Where it stands

On 17 September 2026 the Constitutional Court declared the Public Procurement Act 28 of 2024 invalid.

The Act had not come into operation, so the declaration was not suspended. It never took effect, and nothing in it applies to a bid.

The Draft General Public Procurement Regulations, 2026 were made under that Act. With the Act gone, they have no parent Act.

Which rules a bid is prepared under

How TenderFill handles the forms

Each pack is prepared under the rules that applied on the tender’s own dates, not the date you prepare it.

Each pack records which rules it was prepared under and the version of every form it used. The Field Answer Sheet says so at the end. Today that is the Preferential Procurement Regulations, 2022.

National Treasury revises SBD forms from time to time without new legislation. A pack you have already paid for is regenerated on the same form versions it was made with.

What TenderFill does not do

It checks your company’s readiness, not your bid. It reads the tender pack you upload and checks your company’s records and documents against it. It does not read or judge the bid you submit, and it may miss a requirement: the tender document is the authority.

It does not guarantee compliance. Every pack requires your review before submission. You must still check signatures, pricing and tender-specific instructions.

Your department’s own forms take precedence. Many bid packs ship their own layout of the SBD forms, and SBD 1 asks for bids on the official forms provided, not retyped. If your bid pack includes its own version of a form, fill in theirs; the Field Answer Sheet tells you what to write where.

It fills the standard municipal forms, not a municipality’s own. For a municipal tender the pack is MBD 1, 4, 6.1, 7.2, 8 and 9 as National Treasury publishes them. Many municipalities issue their own versions, especially of MBD 4; fill in theirs from the Field Answer Sheet. It does not fill MBD 7.1 or 7.3, the goods and works contract forms, or any MBD 3 pricing schedule.

It does not prepare a joint venture’s bid as one. Each party to a joint venture or consortium needs its own pack, and the tender will usually want the signed JV agreement too.